Legal aid panels

Gladue panel standards

For criminal lawyers representing client who self-identify as Aboriginal

To be admitted to the Gladue panel, applicants shall sign an agreement to comply with the standards set out by LAO for Gladue panel lawyers.

  1. Criminal Panel membership shall be a prerequisite to Gladue panel membership.

    Applicants to the Gladue panel must be members of LAO's Criminal panel.

  2. Mandatory legal education in criminal law issues affecting Aboriginal clients in criminal proceedings shall be a prerequisite to Gladue panel membership.

    Applicants to the Gladue panel shall be required to:

    1. have read the legislation and case law set out in Schedule A,
    2. be familiar with the LAO LAW memoranda set out in Schedule A, and,
    3. become familiar with resources for Aboriginal clients in the local areas where the applicant practices

    before being admitted to the panel, and shall participate in CLE thereafter as required by LAO.

    Schedule A may be amended from time to time.

  3. Panel members shall comply with LAO's expectations for panel members as set out in a "LAO Expectations for Gladue Panel Members" document.

    Panel applicants shall be required to sign an agreement to abide by the practice expectations set out by LAO in the LAO Expectations for Gladue Panel Members" document that articulates best practices for the representation of an Aboriginal client in a criminal proceeding. (See LAO expectations for Gladue panel members)

Consideration of local conditions

The Gladue panel standard shall apply across the province. A director general may apply the minimum standards in a flexible manner, on the basis of local conditions, taking into consideration local practices and the need to maintain or rebuild the Gladue panel to meet current needs without compromising quality of service. An applicant may be admitted to the panel by agreeing to meet standards deemed to be appropriate for the local area, which may include professional development and/or mentoring in the discretion of the director general.

LAO expectations for Gladue panel memberships

A Gladue panel member shall:

  1. maintain competence in accordance with the Rules of Professional Conduct of the Law Society of Upper Canada and, in particular, maintain knowledge of the substantive law and procedure in the area of Aboriginal issues in criminal law

  2. maintain familiarity with services to assist First Nation, Mtis and Inuit that are available in the local courts and communities where the panel member practices

  3. Participate and attend Aboriginal training opportunities, including localized cultural training, as required by LAO

  4. inform the client of the Gladue principles and their application to the client's case

  5. maintain a solicitor-client relationship in accordance with the Rules of Professional Conduct of the Law Society of Upper Canada. In particular the panel member will:

    1. protect the dignity of the client;
    2. respond promptly to reasonable inquiries from the client;
    3. provide the client with the information necessary to make informed decisions respecting his or her representation;
    4. advise the client of their language rights
    5. respect the client's instructions fully within the bounds of his or her professional obligations;
    6. advance the client's position; and
    7. maintain solicitor-client privilege.

Schedule A: Legal education requirements for Gladue panel members

A panel member must have knowledge of and, acting in the client's best interests, competently apply:

  1. The Criminal Code of Canada, including sections 718.2(e) and 113

  2. The Youth Criminal Justice Act, including section 38(2)(d)

  3. The Canada Evidence Act

  4. Significant leading and current jurisprudence including:

    1. R. v. Gladue, [1999] 1 S.C.R. 688
    2. R. v. Silversmith, [2008] O.J. No. 4646
    3. R. v. Brant, [2008] O.J. No. 5375
    4. R. v. Batisse, 2009 ONCA 114
    5. R. v. Robsinson, 2009 ONCA 205
    6. R v. Jacko, 2010 ONCA 452
    7. R. v. Ipeelee, [2012] 1 S.C.R. 433
    8. R. v. Bauer, 2013 ONCA 691
    9. R. v. Armitage, 2015 ONCJ 64
    10. R. v. Spence, 2015 ONSC 1692
    11. R. v. Kreko, 2016 ONCA 367
  5. LAO LAW memoranda including:

    1. S10-37 Gladue Sentencing Submissions
    2. S10-38 Aboriginal Offenders - Advocating For Alternatives to a Custodial Sentence
    3. S10-39 Ontario Resources for Aboriginal Offenders
    4. ZS10-74 Application of Gladue Principles
    5. ZS10-47 Sentencing Aboriginal Offenders
    6. ZP11-63 Application of Gladue Principles to Bail hearings
    7. ZS10-26 Application of Gladue Factors Beyond Sentencing
  6. Read the Truth and Reconciliation Commission of Canada Final Report Volume 5: Over-representation of adults 218-243, Over-representation of youth 252-257; http://www.myrobust.com/websites/trcinstitution/File/Reports/Volume_5_Legacy_English_Web.pdf

  7. TRC Calls to Action:

  8. View the continuing legal education video "Gladue at practice CLE"

Schedule B: Support and resources for Gladue panel mambers

The following supports are available to Panel members:

Schedule B will be updated regularly and Panel members will be notified.

Questions

If you have any questions, please contact the Aboriginal Justice Strategy at aboriginalstrategy@lao.on.ca